Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17088-DB CCC No. 385 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 385 OF 2025 BETWEEN:
1. SRI H. T. MOHAN DAS, S/O. SRI H.C.THAMMAIAH, AGED 63 YEARS, EXECUTIVE ENGINEER (RETIRED) IN B.B.M.P. , R/A. No. 52, 3RD CROSS ROAD, SATHYANARAYANA LAYOUT, BASAVESWARANAGAR, BENGALURU-560079. …COMPLAINANT (BY SRI VIJAYA SIMHA REDDY D. V., ADVOCATE) AND:
1. SRI UMA SHANKAR I. A. S., THE ADDITIONAL CHIEF SECRETARY TO STATE GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. …ACCUSED
2. THE STATE OF KARNATAKA, REP. BY ADDL. CHIEF SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. ...PROFORMA RESPONDENT
(BY SMT. PRAMODHINI KISHAN, AGA)
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17088-DB CCC No. 385 of 2025
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 , BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER DATED 05.03.2022 VIDE ANNEXURE-A OF THIS HONBLE COURT PASSED IN WP NO.15287/2020 (S-RES) VIDE ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Learned Single Judge, while allowing the petition, set aside the order of punishment dated 02.11.2018, consequently held the complainant-petitioner to be entitled for consequential benefits including, promotion which was withheld during the course of the inquiry which had culminated into the punishment order. 2. The aforesaid directions are brought under the contempt jurisdiction of this court. It could be readily seen that the order came to be passed by learned Single Judge as back as on
05.03.2022. The present contempt petition came to be filed on
29.03.2025. - 3 -
NC: 2025:KHC:17088-DB CCC No. 385 of 2025
3. Section 20 of the Contempt of Courts Act, 1971, reads as under,
"20. Limitation for actions for contempt.—No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."
3.1.
The above provision is clear to prescribe that the contempt application has to be filed within one year from the date of arisal of cause of action or when the date when contempt could be said to be committed. 4. Learned advocate for the complainant submitted in vain that representation was filed. Filing of representation will not extend the period of filing contempt which is a statutory embargo. 5. Evidently, the present contempt petition is filed after much beyond one year when the contempt is said to be committed and cause of action to file the contempt arose. 6. At the end of one year period, the cause of action to initiate the contempt proceedings shall stand terminated by virtue of the co-operation of the aforesaid provisions. - 4 -
NC: 2025:KHC:17088-DB CCC No. 385 of 2025
The contempt petition is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
VBS List No.: 1 Sl No.: 4